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PC MADAD KHAN vs State Ss — 2023 PCrLJN 107 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 107 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
PC MADAD KHAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PC MADAD KHAN VS State Ss. 302 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Sentence, reduction in---Delay of two days in lodging FIR---Scope---accused were charged for committing murder of the son of complainant and his friend due to the alleged non-stopping of motorcycle by the deceased---Record showed that FIR was lodged after a delay of two days---Complainant was informed about the shooting by which time he went to the hospital where the bodies were identified before being subjected to post-mortem and the release to him for burial purpose and was thereafter informed that it was a police party who was responsible for the murder of the deceased---Where FIR was to be lodged against the police it was quite understandable that it took some time for a final decision to be taken before lodging the FIR as generally it was hard to get FIR lodged at all in let alone against serving policemen and as such based on the particular facts and circumstances of the case, it was not found the delay in lodging the FIR to be fatal to the prosecution case---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt but due to non proving the act of terrorism, the sentence was reduced to imprisonment for life---appeal was dismissed with said modification in sentence.

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